SMT. SUSHMA MISHRA v. STATE OF U.P. THRU. PRIN. SECY. BASIC EDUCATION AND 3 OTHERS
WRIA/2088/2025 · 2025-02-27
Abdul Moin
body2025
DailyLaw.ai
[ 2025 DAILYLAW 124227 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 124227 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:11854 Court No. - 5 Case :- WRIT - A No. - 2088 of 2025 Petitioner :- Smt. Sushma Mishra Respondent :- State Of U.P. Thru. Prin. Secy. Basic Education And 3 Others Counsel for Petitioner :- Rajesh Kumar Counsel for Respondent :- C.S.C.,Pradeep Tiwari Hon'ble Abdul Moin,J.
1. Heard learned counsel for the petitioner, learned Standing Counsel appearing for the respondents no.1 and 2, and Sri Pradeep Tiwari, learned counsel for respondent no.3.
2. With the consent of learned counsels for the parties, the writ petition is being decided finally.
3. There is consensus at bar that the facts of the case have already been set forth in detail vide order dated 19.02.2025. For the sake of convenience, the order dated 19.02.2025 is reproduced below:-
"Heard. The contention of learned counsel for the petitioner is that earlier, the petitioner had approached this Court by filing Writ A No.9717 of 2023 in Re: Smt. Sushma Mishra vs. State of U.P. and 3 Others. The said writ petition has been decided vide
order dated 19.12.2023, a copy of which is annexure 6 to the petition, with a direction to the respondents to decide the representation of the petitioner for payment of gratuity as payable to the husband of the petitioner along with interest. The contention is that although the representation of the petitioner has been decided vide order dated 17.08.2024, a copy of which is annexure 1 to the petition, yet the said order does not indicate about the interest on delayed payment of Gratuity to be paid to the petitioner, as such, the said order merits to be set aside. Shri Pradeep Tiwari, learned counsel appearing on behalf of respondents No.3 & 4 prays for and is granted a week's time to seek instructions in the matter. List this case in the next week, as fresh."
4. Today, Sri Tiwari on the basis of instructions sent by Basic Shiksha Adhikari, Lucknow dated 25.02.2025 states that inadvertently while deciding the representation of the petitioner his claim for payment of interest could not be considered. He submits that consideration of the aforesaid claim would be done by the concerned authority within a week.
5. The aforesaid statement of Sri Tiwari is recorded and the writ petition is disposed of.
Order Date :- 27.2.2025 A. Katiyar Digitally signed by :- AMIT KATIYAR High Court of Judicature at Allahabad, Lucknow Bench